Chapter 7: Statutory Authority Chapter Outline



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Conclusion

The important question that Congress, the General Accounting Office, and the American people will continue to address is whether or not this legislation has addressed the terrorist hazard that threatens American citizens within the nation’s borders. The following summarizes several of the individual performance measures by which that question may ultimately be addressed.


Sharing of Intelligence – This issue has yet to be settled to a degree that all involved parties are satisfied with the outcome. The TTIC, which resides not in DHS but in the FBI, has already come under harsh criticism for having insufficient staff. Additionally, the rules by which information is shared are still considered too restrictive for the maximum benefit of such sharing between agencies to be realized. However, the turf wars that created compartmentalization of information that the TTIC has tried to reduce formed over decades, and as such, it should be expected that breaking down such barrier s will require several years. The greatest challenge, which still has a long way to go, is how effectively this information will be shared with the State and local first responders.
First Responder Resources and Capabilities – Should a terrorist attack happen again, which it likely will, local first responders are assuredly going to be the first on the scene. These local officials will have the greatest opportunity to save lives and manage the disaster that follows. Local agencies, after all, are expected to assume that they will be managing the disaster for up to 72 hours before Federal help arrives. The Homeland Security Act of 2002 attempts to address the training, equipment, and funding shortfalls that have been identified at the local levels, but problems remain. Even the formulas by which grant money is distributed to the states has been a point of contention since the Department first began (between risk-based or population-based methods of determination). Recent studies show that first responders, for the most part, are not ready to manage a major terrorist attack, especially if that attack involves biological or chemical warfare agents. However, billions of dollars in funding for equipment and training have been disbursed, and it is likely that time will help these local agencies to adjust to the new hazards they face.
The All-Hazards Approach – The Department of Homeland Security was created in response to a terrorist attack, but its mission includes the preparedness, mitigation, response and recovery from all hazards – including natural and technological. It would seem that terrorism was not only the main focus, but the only focus, based upon the actions that have been taken by the department. The billions of dollars in first responder funding that have been disbursed are a perfect example of this – they are based upon terrorism risk, not an all-hazards risk assessment. When hurricanes and earthquakes strike, it is now DHS that responds, through FEMA. How effectively they do so will depend upon the ability of the Department’s leadership to keep the all-hazards approach in mind as they move DHS forward through its strategic goals.
Preparedness of Individuals – A prepared nation depends upon the preparedness of individuals. If another terrorist attack were to occur, the actions of regular citizens will greatly affect the ultimate outcome of the event. Also, citizens who are adequately prepared could serve to prevent a terrorist attack by recognizing the hazard and reporting that information to authorities. DHS has addressed this need through their public preparedness website www.ready.gov. The true effectiveness has thankfully not been tested, as there have not been any major terrorist attacks in the United States since the creation of the Department. It is likely, however, that the day will eventually come when individual preparedness is called upon.
The Homeland Security Alert System – This five-color coded alert system, created through HSPD-3, has come under considerable attack during its brief years of existence. Beyond the Federal Government, it has found little positive applicability, especially by local first responders and private citizens. Recent legislation gives the impression that this system may be abandoned, pending consideration by Congress. If this happens, a new system will need to be developed to inform citizens of the terrorist risk, or else a major DHS objective will remain unfulfilled. This area clearly has a long way to go.
Funding – The Department of Homeland Security depends upon a considerable amount of funding – generally between $35- and $40 billion dollars each year. This is not surprising considering the number of agencies that were absorbed, and likewise, the number of Federal officials. However, with emerging reports of unwise spending practices and the ineffectiveness of certain programs, there remains the risk of decreased future funding. Additionally, if years go by without any more terrorist attacks, it may be hard to continue pulling money from other social programs to pay for a program that fewer and fewer people will feel is entirely necessary. But, there are currently no signs that DHS funding levels will decrease in the near future.
The Homeland Security Act of 2002 was a clear case of legislation drafted to address an immediate emergency management need. Presumably, the drafters of this legislation recognized the importance of considering all four phases of emergency management – preparedness, mitigation, response, and recovery. Director Ridge has since been replaced by Federal Judge Michael Chertoff, whose first significant project as director included a full assessment of the effectiveness of each DHS component. The report that results his findings may answer many of the questions posed above. However, as experience taught us after the creation of the Department of Defense, these things take time.
References:
Homeland Security Secretary Michael Chertoff Announces Six Department of Homeland Security. 2005. -Point Agenda for Department of Homeland Security. DHS Press Release. July 13. http://www.dhs.gov/dhspublic/interapp/press_release/press_release_0703.xml.

Directory: hiedu -> docs
docs -> Course Title: Hazards Risk Management
docs -> Emergency Management & Related References On-Hand B. Wayne Blanchard, Ph. D, Cem may 24, 2007 Draft
docs -> Deadliest u. S. Disasters top fifty
docs -> 1 B. Wayne Blanchard, PhD, cem october 8, 2008 Working Draft Part 1: Ranked approximately by Economic Loss
docs -> Bibliography of Emergency Management & Related References On-Hand
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docs -> 1 B. Wayne Blanchard, PhD, cem september 18, 2008 Part 1: Ranked approximately by Economic Loss
docs -> Session No. 8 Course Title: Theory, Principles and Fundamentals of Hazards, Disasters, and U. S. Emergency Management Session Title: Disaster As a growth Business Time: 3 Hours Objectives
docs -> 9. 1 To better understand the driving events, public pressures, and political and policy outcomes that have shaped emergency management in the United States

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